Forte Sydney Construction Pty Ltd v N Moit & Sons (NSW) Pty Ltd [2021] NSWDC 673

District Court New South Wales

Medium Neutral Citation: Forte Sydney Construction Pty Ltd v N Moit & Sons (NSW) Pty Ltd [2021] NSWDC 673 Hearing dates: 1- 4, 26 November 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the defendant on the plaintiff's claim. (2) Judgment for the defendant on the cross-claim for $418,485.04. (3) Order the plaintiff to pay the defendant's costs of the proceedings. (4) Grant leave to approach my Associate within 7 days to obtain a date for submissions as to any application for a different costs order arising from any settlement offers made. Catchwords: CONTRACT – offer and acceptance – objective test as to whether there was a concluded bargain – implied acceptance and inferences from surrounding circumstances - offeror cannot stipulate that no response to an offer will be treated as an acceptance – three categories in Masters v Cameron CONTRACT – tender to perform work for a price and upon conditions – tender accepted but subcontract put forward which contained different conditions – subcontract never signed – variations and deductions – extensions of time Cases Cited: Brambles Holdings Limited v Bathurst City Council [2001] NSWCA 61, 53 NSWLR 153 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424 Empirnall Holdings v Machon Paull Partners (1988) 14 NSWLR 523 Felthouse v Bindley (1862) 142 ER 1037 Hyde v Wrench (1840) 49 ER 132 Masters v Cameron [1954] HCA 72; (1954) CLR 353 Texts Cited: Radan & Gooley, Principles of Australian Contractor, 4th Edition, LexisNexis Category: Principal judgment Parties: Forte Sydney Construction Pty Ltd (Plaintiff) N Moit & Sons (NSW) Pty Ltd (Defendant) Representation: Counsel: J Cameron (solicitor) (Plaintiff) D Hand (Defendant)